Terry Jordan v. Iowa Quality Beef

U.S. Court of Appeals for the Eighth Circuit
Terry Jordan v. Iowa Quality Beef, 110 F. App'x 735 (8th Cir. 2004)

Terry Jordan v. Iowa Quality Beef

Opinion

PER CURIAM.

Terry Jordan appeals the district court’s preservice dismissal of his complaint for failure to state a claim. Jordan, who is African-American, alleged he was rehired by Iowa Quality Beef; on the day he was to start work he was informed the offer of rehire was rescinded; and the decision not to rehire him was based upon his race and other impermissible factors.

We grant Jordan leave to appeal in for-ma pauperis. Having carefully reviewed the record, we conclude preservice dismissal was inappropriate because Jordan’s pro se complaint, liberally construed, satisfied federal pleading requirements by providing Iowa Quality Beef notice of his claim of discrimination in its decision not to rehire him. See Fed.R.Civ.P. 8(a)(2); Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514-15, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002); Smith v. St. Bernards Reg’l Med. Ctr., 19 F.3d 1254, 1255 (8th Cir. 1994).

Accordingly, we reverse the dismissal and remand for further proceedings in accordance with this opinion.

Reference

Full Case Name
Terry JORDAN, Appellant, v. IOWA QUALITY BEEF, Appellee
Status
Unpublished